AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, May 23, 2000

Preliminary
Matters

Roll Call:7:00 p.m.

Ceremonial Matters:

Proclamation:Honoring
Matt Wangeman

Proclamation:Honoring
Resources for Community Development (RCD)

Comments From The
City Manager:The City Manager may make announcements or provide information to the
City Council in the form of an oral report.The Council will not take action on such items, but may request the
City Manager place a report on a future agenda for discussion.

Comments From The
Public:A
total of thirty (30) minutes is scheduled.Each speaker is limited to a maximum of three (3) minutes.

Council Action:The City Council may take action
related to any subject listed on the Agenda.

Consent Calendar

The Council will
consider removal and addition of items to the Consent Calendar prior to
voting on the Consent Calendar.All
items remaining on the Consent Calendar will be approved in one motion.Items removed from the Consent Calendar will be taken up after the
“Action Calendar” unless the Council reorders the agenda.

1.Needle Exchange Emergency Distribution
From:City Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a
local emergency with regard to HIV transmission from use of HIV-infected
needles among injection drug users, and authorizing the Director of Public
Health to take steps to enable the operation of needle exchange emergency
distribution.
Contact:Sherry Kelly, City
Clerk, 644-6480

Recommendation:Adopt
a Resolution: 1) Calling for a General Municipal Election to be
consolidated with the Statewide General Election to be held on November 7,
2000; 2) requesting the Alameda County Board of Supervisors consolidate
the General Municipal Election with the Statewide General Election; 3)
authorizing certain procedural actions; and 4) authorizing the City Clerk
to conduct an all-mail ballot election on December 5, 2000 in the event of
a runoff election.

Contact:Sherry Kelly, City Clerk, 644-6480

3.Rubbish Collection Franchises

From:City Manager

Recommendation:Adopt
a resolution 1) Intent to grant non-exclusive rubbish collection and
transportation franchises for a period of three years to the following
applicant companies:Bay View Refuse Service, Berkeley Sanitary Service, Biagini
Waste Reduction Systems, Inc., Handican of Berkeley; Waste Management,
Inc., Waste Resource Technologies, and U.S. Eagle, Inc.; 2) establish the
public hearing date of June 20, 2000, and 3) waive Council rule
prohibiting Council action on the same night as the public hearing.

Contact:Rene Cardinaux, Public Works, 665-3460

4.Motorcycle Parking

From:City Manager

Recommendation:Adopt first reading of an Ordinance repealing Berkeley
Municipal Code (BMC) 14.40.150C, to eliminate the requirement that
two-wheeled or three-wheeled vehicles not stop, stand or park in any
marked parallel parking space within three feet of either end of a parking
space.

Contact:Rene Cardinaux, Public Works, 665-3460

5.Contract:Albany
Sewer Project

From:City Manager

Recommendation:Adopt a Resolution authorizing the City Manager to amend the
contract with Harris and Associates for the Albany Sewer Project
construction administration by increasing the contract amount $130,000 for
a total not to exceed $990,000 for the period ending June 30, 2000.

Contact:Rene Cardinaux, Public Works, 665-3460

6.Adeline Street Apartments Project

From:City Manager

Recommendation:Adopt a Resolution approving $317,674 in additional Housing
Trust Fund (HTF) reservation for the Adeline Street Apartments Project, a
nineteen (19) unit rental supportive housing project located at 3222-3224
Adeline Street on the condition that the additional fund reservation be
returned once the project receives an allocation of project-based Section
8 Certificates/Vouchers.

Contact:Stephen Barton, Housing, 665-3481

7.Senior Nutrition Program

From:City Manager

Recommendation:Adopt a Resolution authorizing the City Manager to waive the
competitive bid requirement and to expend no more than $34,450 for the
purchase of food trays and paper products from SYSCO Food Services of San
Francisco, Inc. to allow uninterrupted food service to Berkeley's elderly
residents through the Senior Nutrition Program for the period July 1, 1999
to June 30, 2000.

Contact:Fred Medrano, Health and Human Services, 665-6879

8.Contract:HIV
Prevention

From:City Manager

Recommendation:Adopt a Resolution authorizing the City Manager to executeamendments
to the contracts with the Berkeley Public Education Foundation and the
Women's Daytime Drop-in Center to increase the amounts by $2,500 and
$1,500, for the provision of HIV prevention services for the period July
1, 1999 to June 30, 2000.

Contact:Fred Medrano, Health and Human Services, 665-6879

9.Community Environmental Advisory Commission Voting Procedure

From:City Manager

Recommendation:Adopt a Resolution amending Section 5 of Resolution No.
58,997-N.S. to reflect that voting is by a majority of the actual
appointees of the Commission.

Contact:Wendy Cosin, Planning and Development, 705-8108

10.Contract:Workers'
Compensation Actuarial Services

From:City Manager

Recommendation:Adopt a Resolution authorizing the City Manager to executea
contract and any amendments with KPMG LLP in the amount of $15,750 for
actuarial services of the Workers' Compensation Self-Insurance Program for
the Fiscal Year ending June 30, 2000.

Contact:Ron Brown, Personnel, 665-7614

11.Employment Programs Administrator Classification

From:City Manager

Recommendation:Adopt a Resolution amending Resolution No. 60,051-N.S.,
Classification and Salary Resolution for Local One Employees, to establish
the classification of Employment Programs Administrator, and abolish the
classification of Senior Employment Specialist, effective June 1, 2000.

Contact:Ron Brown, Personnel, 665-7614

12.Temporary Agency Services

From:City Manager

Recommendation:Adopt a Resolution approving an expense of up to $48,000 for
Volt Temporary Employment Agency services to the Police Department for the
period July 1, 1999 to June 30, 2000.

Contact:D. E. Butler, Police, 644-6568

13.Collection of Nuisance Abatement Costs

From:City Manager

Recommendation:Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Chapter 1.24 to clarify the methods available to the City to
recover its costs of nuisance abatement.

Contact:Manuela Albuquerque, City Attorney, 644-6380

14.Competitive Bidding - Nuisance Abatement

From:City Manager

Recommendation:Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Chapter 1.24 to clarify that expenditures necessary to abate
nuisances that pose imminent hazards are exempt from the competitive
bidding requirements pursuant to the City Charter and to specify the
competitive bidding requirements for other nuisance abatement
expenditures.

Recommendation:Adopt a Resolution approving plans and specifications for the
Pathway Repair Project at Aquatic Park, Cedar-Rose Park and Ohlone Park;
accepting the bid of Meade Construction, Inc.; and authorizing the City
Manager to execute a contract and any amendments in an amount not to
exceed $156,932 for a period of 120 calendar days.

Contact:Lisa Caronna, Parks and Waterfront, 644-6943 x222

16.I-80 Bicycle/Pedestrian Overcrossing

Agreements:Cooperative
and Maintenance

From:City Manager

Recommendation:Adopt a Resolution
authorizing the City Manager to: 1) execute the Cooperative and
Maintenance Agreements with Caltrans for the I-80 Bicycle/Pedestrian
Overcrossing; and 2) refer the project maintenance to the budget process.

Contact:Rene
Cardinaux, Public Works, 665-3460

17.I-80 Bicycle Pedestrian Overcrossing

Contract:Construction

From:City Manager

Recommendation:Adopt a Resolution
approving the Plans and Specifications for the I-80 Pedestrian
Overcrossing, accepting the bid of C.C. Meyers, Inc. and authorizing the
City Manager to execute a contract and
any amendments with C.C. Meyers, Inc. in the amount of $5,270,584
with a contingency allowance of $639,000 for construction of the I-80
Pedestrian Overcrossing.

Contact:Rene
Cardinaux, Public Works, 665-3460

18.I-80 Bicycle/Pedestrian Overcrossing

Contract:Construction,
Engineering and Architectural Services

From:City Manager

Recommendation:Adopt a Resolution authorizing the City Manager to amend the
contract with OPAC Consulting Engineers to : 1) assist the City during the
construction phase; 2) provide additional engineering services necessary
for issuance of a CalTrans encroachment permit; and 3) provide additional
architectural services regarding bridge color and design details for the
I-80 Bicycle/Pedestrian Overcrossing in an amount not to exceed $195,794,
which includes 10% contingency, for a contract total not to exceed
$647,222 for the term ending June 30, 2001.

Contact:Rene Cardinaux, Public Works, 665-3460

19.Emergency Disaster Planning

From:Councilmember
Olds

Recommendation:Request the City Manager look into the current disaster plan
for the entire City of Berkeley and report back to Council with an
evaluation of how the needs of residents living east of the Hayward Fault
are being addressed in the context of the whole City plan.

Contact:Betty Olds, Councilmember District 6, 644-6399

20.Litter from Daily Californian Inserts

From:Councilmember
Olds

Recommendation:Request the City Manager write to Hubert Brucker, General
Manager of the Daily Californian, requesting that the litter
problem created by inserts in the newspaper, especially in locations where
there are open boxes, be corrected.

Contact:Betty Olds, Councilmember District 6, 644-6399

21.Woman's Will Theater Company

From:Councilmember
Armstrong

Recommendation:Waive the fees associated with performances by Woman's Will
Theater Company in the Berkeley parks this summer:John Hinkel Park on July 15 and 16, and Live Oak Park on July 22
and 23.

Contact:Polly Armstrong, Councilmember District 8, 644-6401

22.Environmental Impact Report on the Memorial Stadium Lighting

From:Councilmember
Armstrong

Recommendation:Request the City Manager write a letter to the University of
California requesting an Environmental Impact Report (EIR) on the Memorial
Stadium Lighting proposal, in light of the high level of public
controversy involved and the potential to negatively affect the
environment.

Contact:Polly Armstrong, Councilmember District 8, 644-6401

23.Budget Referral:Berkeley
Dispute Resolution Service

From:Councilmember
Maio

Recommendation:Refer a request from Berkeley Dispute Resolution Service for an
additional $25,000 in annual funding for consideration in the budget
process.

Contact:Linda Maio, Councilmember District 1, 644-6359

24.Walkathon for the Children of Iraq

From:Councilmembers
Maio and Shirek

Recommendation:Support the San Francisco Chapter of American
Anti-Discrimination Committee's Walkathon for the Children of Iraq.

Recommendation:Request the City Manager investigate the feasibility of
converting the Center Street Garage into a robotic parking facility
financed by means of a self-supporting bond and with financial
contributions from other parking beneficiaries, and report back to the
Council within sixty days.

From:Mayor Dean

Recommendation:1) Support AB 2451 which would a) shift two cents of the
current gas tax to a newly-created Local Government Road Maintenance
Account that will be shared on a 50/50 basis by cities and counties for
local road maintenance purposes, and b) require that an amount equal to
the amount so transferred be transferred from the State General Fund to
the Motor Vehicle Fuel Account to compensate for the loss of redirected
revenue; 2) support ACA 24 which would amend the State Constitution to
create the Twenty-First Century Infrastructure Investment Fund in the
State Treasury out of general fund revenues to fund capital outlay
expenses related to education, corrections, parks, transportation, water
or other natural resources.1%
of General Fund revenues would be transferred in the 2000-2001 fiscal
year, rising to 5.0% in Fiscal Year 2008-2009 and thereafter, with
safeguards being provided in the event of declining General Fund revenues.75% of the monies would be distributed annually to cities and
counties on a continuously-appropriated basis, with the remaining 25%
subject to annual appropriation by the Legislature; and 3) notify the
bills' sponsors, the City's representatives in Sacramento, and the City's
Sacramento lobbyist of the City's position.

Contact:Shirley Dean, Mayor, 644-6484

27.Establishment of Small Business Support Program

From:Mayor Dean

Recommendation:Direct the City Manager to initiate a planning process to
establish a Berkeley Small Business Support Program based on the following
recommendations:1)
development of business skills in the work force; 2) City purchasing
program favoring Berkeley businesses; 3) improving communication between
businesses and City; 4) increase ownership of location site by businesses;
5) concerted opposition to Internet Sales Tax exemption; and 6) partner
with existing resources such as the United States Conference of Mayors'
Partner America Program, the Small Business Administration, the Haas
School of Business on the UC Berkeley campus, and the East Bay Center for
International Trade.

Contact:Shirley Dean, Mayor, 644-6484

28.Substance Abuse and Crime Prevention Act of 2000

From:Councilmember
Worthington

Recommendation:Support the resolution endorsing the Substance Abuse and Crime
Prevention Act of 2000.

Contact:Kriss
Worthington, Councilmember District 7, 644-6398

29.Budget Referral:Well
and Groundwater Survey

From:Councilmember
Worthington

Recommendation:Refer to the budget process and the City Manager funding for
well and groundwater survey.

Contact:Kriss Worthington, Councilmember District 7, 644-6398

30.Support for Rick Young and His Efforts to Meet with the UC
Berkeley Chancellor for Housing on the Underhill Block

From:Councilmember Worthington

Recommendation:Support
Rick Young and his efforts to meet with the UC Berkeley Chancellor Robert
Berdahl to discussing housing on the Underhill block

Contact:Kriss
Worthington, Councilmember District 7, 644-6398

31.Adopt a College Avenue Repaving Plan

From:Councilmember Worthington

Recommendation:Adopt
a College Avenue Repaving Plan including mitigations to address the
neighborhood residents' and merchants' concerns about parking, traffic and
temporary diverter removal and installations.

Recommendation:Request the City Manager provide funding for a mailing to
District 4 residents informing them of upcoming meetings on City services
and Ohlone Park.

Contact:Dona Spring, Councilmember District 4, 644-6266

34.Web Page Accessibility for People with Disabilities

From:Councilmember
Spring

Recommendation:Set aside five minutes of the June 13 Council meeting after
Public Comment to hear a presentation from Alexandra Andrews on the new
web page technology available for people with disabilities and how
important it is to have web sites accessible to the disabled.

Contact:Dona Spring, Councilmember District 4, 644-6266

35.Community Service Program in Lieu of Parking Fines

From:Councilmember
Spring

Recommendation:Request that reimbursement for community service in lieu of
parking ticket fines increase from $5.00 to $7.00 per hour.

Contact:Dona Spring, Councilmember District 4, 644-6266

36.Ballot Measure to Bring City Council Chambers in Compliance with
American Disabilities Act

From:Councilmember Spring

Recommendation:Refer
a request to the City Manager to add to the proposed bond measure up to $8
million to fund a new addition with a larger council chambers that will
meet the American with Disabilities Act accessibility standards and
replace square footage and parking lost due to the Civic Center retrofit
to be located at the current Hall of Justice building after its
demolition.

Contact:Dona
Spring, Councilmember District 4, 644-6266

37.Disaster Readiness, Year 2000 Report

From:Disaster Council

Recommendation:Adopt a Resolution supporting the efforts of the Disaster
Council to enhance our community's disaster readiness.

Contact:Reginald Garcia, Secretary, 644-6665

City Manager Report

Recommendation:The City Manager concurs with the content and recommendations
of the Commission.

Action Calendar

Appeals:

38.Zoning Appeal of Use Permit,
2300 Ashby Avenue
a.Appeal filed by Joseph Santini, of the Zoning Adjustments Board
decision of March 23, 2000, which denied Use Permit to construct a 1,230
square foot, two story duplex at the rear of a 5,400 square foot lot
containing a 1,506 square foot single family house and to allow a 4-foot
rear yard where 15 feet are required.

Contact:Sherry Kelly, City Clerk, 644-6480

b.City
Manager Report

Recommendation:Remand
the matter to the Board to reconsider the application.The Board should consider the applicant's testimony regarding his
rationale for making certain plan revisions and reevaluate their findings
in light of such testimony.

NOTICE
CONCERNING YOUR LEGAL RIGHTS: If
you object to a decision by the City Council to approve or deny a use
permit or variance for a project the following requirements and
restrictions apply: 1) No lawsuit challenging a City decision to deny
(Code Civ.Proc. '1094.6(b))
or approve (Gov.Code '65009(c)(5))
a use permit or variance may be filed more than 90 days after the date the
Notice of Decision of the action of the City Council is mailed. Any
lawsuit not filed within that 90-day period will be barred.2) In any lawsuit that may be filed against a City Council decision
to approve or deny a use permit or variance, the issues and evidence will
be limited to those raised by you or someone else, orally or in writing,
at a public hearing or prior to the close of the last public hearing on
the project.

Priority:

40.Public Safety Building Tower (Public Hearing held May
16.)(to be delivered)

From:City Manager

Recommendation:Discussion and possible action regarding location,
technological process, cost alternatives and other issues relating to the
Public Safety Tower.

Contact:James Keene, City Manager, 644-6580

a.Information Report from meeting of May 9

Contact:Rene Cardinaux, Public Works, 665-3460

b.From:Councilmember Spring

Recommendation:Fund $10,000 from the Public Safety Building contingency funds
for an expert consultant in radio antennae technology chosen by MAGNA
neighborhood group for professional assistance in costing out alternatives
to the Public Safety Tower; and request that the City Manager respond to
questions contained in report.

Contact:Dona Spring, Councilmember District 4, 644-6266

c.From:Councilmember
Spring

Information Item - Ordinances
Protecting Views

Contact:Dona Spring, Councilmember District 4, 644-6266

41.Development Fees:Permit
Service Center Fund (Public Hearing held May 16.)

Recommendation:Adopt a Resolution 1) adopting the Consolidated Fee Schedule
for the Permit Service Center Fund for all development related services
provided by the Planning and Development Department; 2) rescinding the cap
of $345,000 on all waivers and limiting future unfounded waivers to only
seismic strengthening such that other waivers will only be granted with
substitute funding authorized by the Council; and 3) rescinding Resolution
No. 60,097-N.S.

Recommendation:Adopt a Resolution
increasing fees by 3% for Fiscal Year 2000-2001 and Fiscal Year
2001-2002 for all programs under the purview of Recreation; Aquatics;
Sports; and Recreation Centers for adults and youth to cover the higher
costs for program operations.

Recommendation:Adopt
two Resolutions: 1) rescinding Resolution No. 60,316-N.S. and all amending
resolutions, re-establishing the existing refuse collection districts in
the City, and fixing and establishing rates for the collection of refuse
therein; and 2) amending Sections 1(a), 1(b), 1(c), Sections 3(a), 3(b)
and Section 4 of Resolution No. 60,064-N.S., establishing rates for the
Transfer Station, to change the rates and add the effective date.

Contact:Rene
Cardinaux, Public Works, 665-3460

46.Hearing for Bidders on College Avenue Repaving Contracts

From:City Manager

Recommendation:Conduct
a hearing at which only bidders on the College Avenue repaving contract
and any witnesses on their behalf will be heard concerning whether a
defect in the bid of the lowest responsible bidder may be waived as
inconsequential.The Council
will be asked to: 1) conduct the hearing; 2) make a determination at the
conclusion of the hearing as to whether the defect was inconsequential;
and 3) make any related determinations including but not limited to
awarding the contract or rejecting all bids.

47.Possible Recess to Council Closed Session with the City Attorney
Prior to Taking Action- see below:

POSSIBLE
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

(Significant Exposure to litigation under Government Code
section 54956.9(b))The City
Attorney has concluded that this matter constitutes a significant exposure
to litigation for the City based upon claims that any of the bidders may
make and the second lowest bidder has already made as to whether the City
may legally award the contract to the lowest responsible bidder.

Old Business:

48.Commission Term Limits and Leave of Absences (held over from
April 4, April 11, 2000 and May 9)

From:City Manager

Recommendation:Adopt
first reading of two ordinances amending: 1) Berkeley Municipal Code (BMC)
Section 3.02.030 to provide that any break in service of a commissioner
due to voluntary resignation within the last year of the commissioner’s
eight consecutive year term limit on the commission shall not be deemed to
interrupt the commissioner’s term of service for purposes of determining
the commissioner’s eight-year term limit; and Berkeley Municipal Code
(BMC) Section 3.02.040 to provide that commissioners may only take only
one leave of absence, for a fixed period of three months in any two-year
period, and only if the leave of absence is authorized by the appointing
authority no less than one month in advance of the first commission
meeting from which the commissioner seeks a leave of absence.

Contact:Manuela
Albuquerque, City Attorney, 644-6380

49. Landmarks Preservation Ordinance and Zoning Ordinance (Removed
from Consent Calendar by Vice Mayor Shirek.Held over from meeting of May 16.)

From:City Manager

Recommendation:1) Direct staff to present its proposed amendments to the
Landmarks Preservation Ordinance and Zoning Ordinance to the Planning
Commission and Landmarks Preservation Commission within sixty days; 2)
direct the Commissions to make recommendations on the proposed amendments
at meetings within sixty days and to forward their comments to the City
Council as information reports on July 25; and 3) direct staff to provide
an action report to Council in September with final recommendations in
light of the Commissions' comments.

Contact:Manuela Albuquerque, City Attorney, 644-6380

50.Pedestrian Safety - Ashby Avenue/Tunnel Road Corridor (CR 99-145) (moved
from Information Reports to Action Calendar by Councilmember Spring.Held over from March 28, April 4 and May 9)

From:City Manager

Contact:Rene
Cardinaux, Public Works, 665-3439

51.Conflict of Interest (CR99-140) (held
over from April 4, April 11 and May 9)

From:City Manager

Recommendation:Direct the City Manager
to prepare an ordinance precluding service on any board or commission or
other City advisory body appointed by the Council if the body makes
recommendations which lead to the making of a contract with the appointee
or an entity for whom the appointee is an employee, officer, director or
managing agent.

Contact:Manuela Albuquerque, City Attorney, 644-6380

52.Council
Subcommittee on City Manager Evaluation (removed from the
Consent Calendar by Councilmember Maio.Held over from March 28, April 4, April 11 and May 9)

From:Mayor Dean

Recommendation:Appoint
Councilmember Olds to the Subcommittee for the City Manager Performance
Evaluation process.

Contact: Tamlyn Bright, Mayor's Assistant, 644-6484

53.Annual Berkeley Transit Pass (held over from April 4, April
11 and May 9)

From:Mayor Dean

Recommendation:Establish
a temporary Task Force on a Citywide Transit Pass.This Task Force is to be composed of Mayor Dean and Councilmember
Armstrong, two members of the Transportation Commission, and two members
of the AC Transit Board of Directors, Miriam Hawley and one other.The Task Force will be charged with developing a proposal for an
annual Citywide Transit Pass which would allow Berkeley residents, and
possibly those who work in Berkeley, unlimited rides on AC Transit,
including transbay service in the same manner as UC Berkeley’s Class
Pass.The work of the Citywide Transit Pass Task Force is to be
completed in no more than one year, and the proposal developed by this
group is to be submitted to the Transportation Commission, and then to the
City Council for final approval.

Contact:Shirley
Dean, Mayor, 644-6484

54.Equity for Councilmembers on City Mailings (Removed from
Consent Calendar by Mayor Dean.Held
over from meeting of May 9.)

From:Councilmember
Spring

Recommendation:Adopt a Resolution giving equity for Councilmembers on City
mailings.

Contact:Dona Spring, Councilmember District 4, 644-6266

55.Parking Issues for Home Health Care Workers and Community
Service Program (Removed from Consent Calendar by
CouncilmemberOlds.Held over
from meeting of May 9.)

From:Councilmember Spring

Recommendation:Request the City Manager waive all current outstanding parking
fines for individuals who received them in permit parking zones while
providing in-home support services to elderly or disabled residents; that
a sign be prominently posted at the parking permit services office
informing the public that special parking permits for in-home health
service providers are available.

Contact:Dona Spring, Councilmember District 4, 644-6266

56.Preventing Homelessness (Removed from Consent Calendar by
Councilmember Armstrong.Held over from meeting of May 9.)

From:Councilmember
Spring

Recommendation:Grant an emergency $8000 to insure that Section 8 holders not
lose their leases or Section 8 certificates due to financial hardship and
request the Housing Director return with a proposal by midterm budget in
June 2000 with a proposal of financial assistance required to make this
program operate on an ongoing basis.

Contact:Dona Spring,
Councilmember District 4, 644-6266

57.Building Department Documents (Removed from Consent
Calendar by Councilmember Shirek.Held
over frommeeting of May 16.)

From: Mayor Dean and
Councilmember Olds

Recommendation:Request the City Manager investigate the situation of records
and documents disappearing from files in the Building Department.

58.Ending Sanctions Against Mitsubishi Corp. Regarding Proposed
Salt Works at

Laguna San Ignacio, Mexico(Removed
from the Consent Calendar by Councilmember Worthington.Held over from meeting of May 16.)

From: Mayor Dean

Recommendation:1) Revoke the City's sanctions against the Mitsubishi Corp. (as
imposed by Council action November 2, 1999, which were imposed to prevent
the building of a salt factory at Laguna San Ignacio and the consequent
destruction of the California Gray Whale and numerous other forms of
wildlife at and around this Biosphere Reserve and World Heritage site; 2)
request the City Clerk advise the California Public Employees Retirement
System of this revocation with respect to purchases and divestment of
stock in Mitsubishi and related entities; and 3) request the City Clerk
write a letter to Mitsubishi advising it of the City's actions.

Contact:Shirley Dean, Mayor, 644-6484

59.Planning for Codornices Creek (Removed from the Consent
Calendar by Councilmember Worthington.Held over from meeting of May 16.)

From:Mayor Dean

Recommendation:1)
Support that the delegation to meet with the University would be composed
of the following:Two mayors
(John Ely of Albany and Shirley Dean of Berkeley); two Councilmembers (one
from Albany chosen by Albany, and Councilmember Maio from Berkeley who
represents the area in question); one representative from Friends of Five
Creeks (Susan Schwartz); one representative from Urban Creeks Council
(Carole Schemmerling); two representatives from two Parks and Recreation
Commissions (one from Albany, chosen by Albany, and Berkeley Parks and
Recreation Commission Chair Carol Thornton); one representative of field
users (Doug Fielding or designee from Association of Sports Field Users);
two staff from the City of Berkeley (to be determined by Berkeley City
Manager James Keene); two staff from the City of Albany (to be determined
by Albany City Administrator Darren Fields.

Contact:Shirley Dean, Mayor, 644-6484

60.Contracts:University of California(held over from March 14,
March 28, April 4, April 11 and May 9)

From:Peace and Justice Commission

Recommendation:Adopt a Resolution 1) providing that all proposals to contract
with

entities engaged in work for
nuclear weapons, including any contracts between the University of
California Berkeley and the City which involve the provision of revenue to
the City, and the exchange of services without monetary compensation,
except for the nine contracts specifically enumerated in Resolution No.
59,763-N.S., be subject to review by the Peace and Justice Commission, or
other appropriate commissions, prior to being noticed on any Council
agenda; and rescinding Resolution No. 59,779-N.S.; and 2) authorizing the
Peace and Justice Commission (a) to continue to review any request for
waiver of the Nuclear Free Berkeley Act for monetary contracts with the
University of California; (b) that such review occur at least eight weeks
prior to the time the contract is submitted to the Council, or at the
earliest time when the City Manager becomes aware that actions being
proposed will require a waiver of the Nuclear Free Berkeley Act; (c) that copies of such proposed
contracts be made available for inspection and copying at a rate of no
more then ten cents per page to any citizen prior to the listing of such
contract on the Council agenda; (d) that notice of proposals to waive the
Nuclear Free Berkeley Act be mailed free of charge to any person having an
address within this City who seeks such notice by applying through the
Office of the City Clerk; (e) such notice should advise persons of the
dollar amount of the proposal, what types of services the proposed
contract is for, the parties whom the contract is with, the date the
matter is due to be brought before the Council, and that copies of the
contract are available for inspection at the Office of the City Clerk; and
(f) that any contract approved without following the above specified
procedure shall be null and void.

Contact:Manuel Hector, Secretary, 665-6880

a.City Manager Report

Recommendation:Not approve the recommendations contained in the Peace and
Justice Commission's report, and reaffirm its commitment to the spirit of
the Nuclear Free Berkeley Act by affirming the current process for
granting waiver requests of section 12.90.070 of the Berkeley Municipal
Code for contracts with the University of California, Berkeley.The Peace and Justice Commission's recommendations would add
procedures to the administrative process for approving waiver requests for
contracts that involve the provision of revenue or the exchange of
services without monetary compensation without improving compliance with
or strengthening the provisions of the Nuclear Free Berkeley Act.

Contact:Fred Medrano, Health and Human Services, 644-6459

61.5-Year Street Plan Update(Removed
from Consent Calendar by Councilmember Spring.Held over from meeting of May 9.)

From:Public Works Commission

Recommendation:Adopt
a Resolution adopting the proposed update of the 5-Year Street Plan for FY
2001-2005.

Contact:Virginia
Vafa, Secretary, 644-6506

City Manager Report - The City Manager concurs with the
recommendations of the Commission.

A.Citywide Work Plan
– Discussion of FY2000 & FY2001 Work
Plan, including projects identified as Council Priorities and re-affirm
priorities for FY2001.

B.Recommended Budget Policies for Council Consideration - Discussion
and adoption of budget policies recommended by the City Manager to guide
development of future budgets, including funding requests received outside
of the biennial budget cycle.

63.Discussion of Ballot Measures for November 2000 Election (to
be delivered)- Continue discussion from May 9 meeting and take action
on specific ballot measures to be developed for theNovember 2000 election and provide comment on language of those
already developed. Special Taxes under consideration:Fire Services Special Tax, Parks Tax (incl. University Avenue
Median / Streetscape), Streetlight Tax, Affordable Housing Tax, Health
Services Tax; Bond Measures under consideration: Library Branches Capital
Improvements, Warm Water Pool, University Avenue Median / Streetscape
Improvements.

Contact:Phil
Kamlarz, Deputy City Manager, 644-6580

64.Ballot Measure - Rent Stabilization and Eviction for Good Cause

From:City Manager

Recommendation:Consider placement on the November 2000 ballot an Ordinance
amending Berkeley Municipal Code (BMC) Chapter 13.76.130A.9 to restrict
the circumstances under which a landlord may evict a tenant to occupy the
unit for his/her own use or the use of his/her family members and and
provide any comments regarding wording of the text, title and analysis to
the City Attorney.

Recommendation:Provide the City Attorney with comments as to the proposed
ordinance text, ballot title and City Attorney analysis of the three
measures authorizing expenditure of the existing parks maintenance,
emergency medical services and library taxes.

Recommendation:Adopt a Resolution establishing eligibility requirements and
program categories for the Civic Arts Grants Program and rescind
Resolution No. 55,832-N.S..

Contact:Bill Lambert, Economic Development, 705-8180

68.Living Wage

From:City Manager

Recommendation:Council approve the necessary funding to support the
implementation of a Living Wage Ordinance and direct staff to prepare a
Living Wage Ordinance by June 20, 2000 based on recommendations contained
within the report.Refer to
the City Attorney the concept of a Living Wage Zone.

Contact:Phil
Kamlarz, Deputy City Manager, 644-6580

69.Contract:Playing
Fields at East Campus

From:City Manager

Recommendation:Adopt a Resolution accepting $65,000 from the Board of
Education to evaluate a third proposal for playing fields at East Campus
and to fund the City's staff costs to manage the work; and authorizing the
City Manager to amend the contract with LSA Associates, Inc. to prepare
the environmental documentation required by the California Environmental
Quality Act (CEQA).

Contact:Contact:Weldon Rucker, Deputy City Manager, 644-6580

70.Underhill Environmental Impact Report (EIR) (to be
delivered)

From:City Manager

Recommendation:Direct the City Manager to send a letter to UC Berkeley
incorporating comments recommended by the City Council and the Planning
and Landmarks's Preservation Commissions.

Contact:Wendy Cosin, Planning and Development, 705-8108

71.Berkeley TRiP

From:Transportation
Commission

Recommendation:Support the continued operation of the Berkeley TriP Commute
Store by increasing the funding for Berkeley TriP from $75,400 to $150,000
for the Fiscal Year 2001, with the understanding that a portion of this
funding will be used to conduct a program assessment which will result in
a recommendation on what services TriP should provide in the future and
how those services can be funded in the long term.

Contact:Nathan
Landau, Secretary, 705-8136

City Manager Report

Recommendation:The recommendations contained in this report affect budget
and/or other programs.Please
refer to the budget process.

Contact:Wendy Cosin, Planning and Development, 705-8108

72.Ballot Measure:Increase
PRC Commissioner Stipend

From:Police Review
Commission (PRC)

Recommendation:Sponsor a ballot measure to amend PRC Ordinance No. 4644-N.S.
Section 6 to increase Commissioner stipends to $15.00 per hour with a
limit of $300 per month per Commissioner.Commissioners currently are compensated at a rate of $3.00 per hour
with a maximum of $200 per month per Commissioner.

Contact:Barbara Attard, Secretary, 644-6716

City Manager Report

Recommendation:The recommendations contained in this report affect budget
and/or other programs.Please
refer to the budget process.